Despite anything less favourable in an award or enterprise agreement, all Victorian employees are entitled to compassionate leave provided for under the National Employment Standards. Individual agreements should be checked for more favourable entitlements or different evidence requirements.
How much compassionate leave can I take?
An employee is entitled to a minimum of two days of compassionate leave for each permissible occasion. The leave may be taken as:
- two consecutive days or
- two separate periods of one day each or
- any separate periods to which the employer and employee agree.
What is a permissible occasion?
A permissible occasion is when a member of your immediate family or household:
- sustains a serious illness or sustains a personal injury that is a threat to life
- dies.
You may take the two days compassionate leave for serious injury or illness at any time while the illness or injury persists.
I understand who is a member of my household, but who is included in my immediate family?
Immediate family includes an employee’s spouse, de facto partner, child, parent, grandparent, grandchild, sibling, or a child, parent, grandparent, grandchild or sibling of the employee’s spouse or de facto partner.
Will I get paid?
For casual employees, compassionate leave is unpaid leave. For permanent employees, compassionate leave is paid at the base rate for the employee’s ordinary hours of work for the period.
Will I get paid for compassionate leave if I do not have any sick leave left?
Compassionate leave is a separate entitlement to sick leave or carer’s leave and is therefore paid per permissible occasion regardless of accrued leave entitlements.
What must I do to be entitled to compassionate leave?
An employee must give their employer notice of the taking of leave as soon as practicable – this may be after the leave has started – and you must advise your employer of the period or expected period of the leave.
If required by your employer, you must also give the employer evidence that your compassionate leave is for a permissible occasion.